Art. 5 State Engineer; Department of Canals. §§ 62-64 The persons appointed to assist the division and resident engineers shall be classed as assistant engineers, levelers, rodmen and chainmen. The state engineer shall file with the comptroller a statement of all such appointments, containing the name of the appointee, the nature of his duties, the daily compensation to be paid him and the term of his employment. Formerly L. 1894, ch. 338, § 51, as am'd by L. 1905, ch. 309, § 1. § 62. Division engineers; general duties. Each division engineer shall frequently pass over and carefully inspect all of the canals embraced in the division under his charge; examine and, if necessary, revise all surveys, maps, profiles, measurements, plans, specifications and estimates made in reference thereto by any engineer employed upon such division; see that the engineers and overseers of work employed thereupon faithfully perform their duties, and make to the state engineer and to the superintendent of public works or the assistant superintendent in special charge of the division, and to the superintendents of repairs, such suggestions in relation to repairs and the plan of making the same as will, in his judgment, most tend to the safe and economical navigation of the canals. Formerly L. 1894, ch. 338, § 52. § 63. Division engineers; duties as to maps, surveys and plans. Each division engineer shall, under the direction of the state engineer, make or cause to be made all surveys, maps, plans, specifications and estimates necessary or required by the canal board or superintendent of public works, to determine the proper location of the line of the canals, or any portion thereof, upon his division, or preparatory to placing any work under contract for construction, and transmit a copy thereof to the state engineer, who shall, after a due inspection and revision, submit the same to the canal board, with his approval indorsed thereupon, and on obtaining the certificate of adoption of the canal board, he shall file the same in his office. Formerly L. 1834, ch. 338, § 53. § 64. Advances to division engineers. If a division. engineer has filed his official undertaking, he may draw on the comptroller for advances to meet the expenses of the engineer department upon his division. If such draft be countersigned by the state engineer, and a receipt for the amount thereof be filed with the comptroller, the comptroller shall pay the same by warrant on the treasurer in favor of such division engineer. But the §§ 65, 66 State Engineer; Department of Canals. Art. 5 advances unaccounted for to a division engineer shall, at no time, Formerly L. 1894, ch. 338, § 54, as am'd by L. 1904, ch. 14, § 1 and § 65. Accounts of division engineers. Each division engineer shall quarterly, beginning on the first day of each fiscal year, render accounts of his disbursements, with sworn vouchers for the same, to the state engineer, who shall examine and, if found correct, approve them and forward them with such approval to the comptroller, who shall audit them. If any division engineer omits to render any such account, or his account rendered is not satisfactory, the comptroller shall notify the state engineer and no further advances shall be made to such engineer until he satisfactorily explains to the state engineer his omission to render proper accounts. The comptroller shall prepare such blank forms and publish such rules as may be required to facilitate the rendering of such accounts and to insure uniformity therein. Formerly L. 1894, ch. 338, § 55. § 66. Duties of resident engineers. The resident engineers shall, under the immediate direction of the division engineers, survey, lay out, measure and complete the quantities of all work ordered by the canal board or the superintendent of public works, to be surveyed for location, construction or other purposes; assist the division engineer, so far as necessary, in making maps, plans, specifications and estimates; see that the work done upon the several subdivisions is well and faithfully performed by the contractors, and in all respects strictly according to the terms of the contract, and on the completion of the same, accurately ascertain the quantity of the several items of work done and the amount at the contract prices, and present to the superintendent of public works or division engineer a final statement thereof in such form duly verified as shall be prescribed by the comptroller. Each resident engineer shall enter, or cause to be entered, in a book furnished for that purpose by the state engineer, all the field-notes and computations of the items of work done in the subdivision under his charge, with such recapitulations, diagrams and other illustrations as may be necessary to render the same intelligible, and a statement of the total quantity of each item of work done, the amount thereof at the contract. 1 Art. 5 State Engineer; Department of Canals. §§ 67-69 price and the aggregate amount at contract prices of the work done by each contractor, which entry shall be in due form and properly certified by the several engineers making it, within three months from the time the final statement is prepared; and the books containing such entries shall, within one hundred days after the completion of the work on each subdivision, be properly indexed and filed in the office of the state engineer. In Each resident engineer shall perform such other services as are from time to time required by the state engineer or the division engineer in charge of the subdivision on which he is located. case of the absence or inability of any division engineer to act, the resident engineer shall discharge the duties of such division engineer so far as they relate to the subdivision assigned to him. Formerly L. 1894, ch. 338, § 56. § 67. Assistant engineers. The first assistant engineer, when directed by the resident or division engineer, shall lay out and accurately measure and compute the quantities of the several items of work done or to be done in constructing the public works within the limits assigned to them; see that the work is faithfully performed by the contractors and others connected therewith, and in all other respects aid and assist the resident engineers in the discharge of their duties, and perform such other services in the line of their duties as the resident or division engineer may require. Formerly L. 1894, ch. 338. § 58. Every § 68. Engineer's record of measurements. engineer on whose certificate payments are made for any public work shall enter in a book to be kept for that purpose every measurement made by himself or his assistant, with such explanations in regard to the location of the material, if the same has not been placed in the public work, as will enable his successor to identify and secure the material for the use of the state; and on leaving the public service, such book of measurements shall be deposited with the state engineer. Formerly L. 1894, ch. 338, § 58. § 69. Penalty for making false representations or estimates. Any engineer or other officer or person in the employ of the state, who shall knowingly make any false representation or estimate of the nature, quality, quantity or cost of any work proposed by the state or any individual to be done, or of any materials so proposed to be furnished for any canal or its appurtenances, or any false representation or estimate in any statement of work or materials so proposed, which may be re 8 80 Appropriation of Lands and Water. Arts. 5, 6 quired by the canal board, or any other board or officer, or who shall knowingly report or certify to any false statement of the amount of any work done, or purporting to have been done for the state, or of the quality or nature of such work, or of the quality or quantity of any materials furnished or purporting to have been furnished to the state, by which any person may be enabled to claim or receive a greater allowance than is justly due, shall be deemed guilty of a misdemeanor, and on conviction shall be imprisoned in the state prison for not more than five years or in a county jail or penitentiary not more than two years, and shall be fined not exceeding one thousand dollars. Formerly L. 1854, ch. 329, § 12. ARTICLE 6 Appropriation of Lands and Water Section 80. Entry upon lands. 81. Permanent appropriation for repairs. 82. Temporary appropriation for repairs. 84. Damages resulting from the erection of dams or the 85. Removal of encroachments. 86. Agreements for the purchase of water privileges. 87. Supplying deficiencies of water. 88. Awards, how distributed in cases of liens or incum brances. § 80. Entry upon lands. The superintendent of public works may enter on, take possession of and use any lands, structures and waters, the appropriation of which for the use of the canals and the works connected therewith, and for the execution and completion of any repairs or improvements directed by the canal board or legislature to be made, shall in his judgment be necessary. An accurate survey and map of all such lands shall be made by the state engineer and certified by him to be correct, and the superintendent of public works shalt indorse thereon or annex thereto a certificate stating that the lands described therein have been appropriated for the use of the canals of the state, and such map, survey and certificate shall be filed in the office of the state engineer. The superintendent of public works shall thereupon serve upon the owner of any real property so appropriated a notice of the filing and the date of filing of such map and survey, and specifically describing that portion of such real property Art. 6 Appropriation of Lands and Water. §§ 81-83 belonging to such owner, which has been so appropriated, and from the time of such service, the entry upon and appropriation by the state of the real property described in such notice, for the uses and purposes of the canals, shall be deemed complete, and such notice shall be conclusive evidence of such entry and appropriation and of the quantity and boundaries of the lands appropriated. The superintendent may cause duplicates of such notice, with an affidavit of due service thereof on such owner, to be recorded in the books used for recording deeds in the office of the clerk of any county of the state where any of the property described therein may be situated, and the record of such notice and of such proof of service shall be evidence of the due service thereof. Formerly L. 1894, ch. 338, § 70. § 81. Permanent appropriation for repairs. Whenever in the judgment of the superintendent of public works any of the earth structures of the canals of the state should be raised, widened, strengthened or otherwise improved, he may enter upon and permanently appropriate to the use of the state so much of any lands adjacent to the canals as may be necessary to provide earth and gravel for such purposes. Claims for damages by reason of any such appropriation may be adjusted and paid by the superintendent, if the amount thereof can be agreed upon with the owners of the lands appropriated, but such amount shall not be paid out of the treasury unless the canal board shall approve thereof. Formerly L. 1894, ch. 338, § 71. $ 82. Temporary appropriation for repairs. Whenever the navigation of any canal is interrupted or endangered, the superintendent of public works shall, without delay, repair the injury causing or threatening such interruption, and for that purpose he may, by himself or by his agents, enter upon and use any contiguous lands, and procure therefrom all such materials as in his judgment are necessary or proper to be used in making such repairs, and agree, subject to the approval of the canal board, with the owner of the property so appropriated upon the amount of damage to be paid him therefor. Formerly L. 1894, ch. 338, § 72. § 83. Owner of lands entitled to damages. The title to all real property permanently appropriated for the use of the canals of the state shall be vested in the people of this state. The owner or person interested in any real property so perma |